Which state case addresses debit versus credit card fraud?

• A. State v. Ochoa
• B. State v. Castillo
• C. State v. Lewis
• D. State v. Clements

Answer: (B)

Distinguishing debit card fraud from credit card fraud and applying the correct statute is the main idea. Debit card fraud involves the unauthorized use of a card to access funds directly from a bank account, often implicating theft or fraud statutes tied to monetary loss and the cardholder’s PIN or other access credentials. Credit card fraud, on the other hand, centers on obtaining goods, services, or credit through deception or unauthorized use of a card, usually under statutes specific to credit card misuse. State v. Castillo addresses this exact distinction, examining the definitions and elements for debit versus credit card fraud and clarifying which statutory provisions apply to each scenario. This guidance helps investigators and prosecutors charge and prove the offense that matches the defendant’s conduct, rather than conflating the two types of fraud. The other cases involve different issues and don’t specifically resolve how these frauds are distinguished for charging and proof.